Child support is a legal obligation that one parent has to provide financially for their child or children. In California, child support orders are determined by the court and are based on various factors, such as the income of both parents, the needs of the child or children, and the amount of time each parent spends with the child or children.
However, child support orders are not set in stone and can be modified under certain circumstances. Let’s go over some of the common reasons why a child support modification may be necessary in California.
Understanding The Reasons For Child Support Modification In California
Reason 1: Change in Income
Increase in income: If a parent’s income increases, the court may re-evaluate the child support order and increase the amount of support required to meet the child’s needs.
Decrease in income: If a parent’s income decreases, the court may re-evaluate the child support order and decrease the amount of child support required. This can happen if the parent loses their job, gets demoted, experiences a reduction in hours or pay, sustains an injury, or becomes disabled and their earning capacity is reduced.
Unemployment: If a parent becomes unemployed, the court may reduce the amount of child support required until the parent secures new employment.
Self-Employment: If a parent is self-employed, their income may fluctuate greatly from year to year. The court may adjust the child support order based on the parent’s current income to ensure that the child’s needs are still being met.
Retirement: If a parent retires, their income may decrease significantly. The court may adjust the child support order to reflect the parent’s reduced income.
Though there are other reasons a child support modification can take place, it’s important to note that these changes are not automatic, and a motion must be filed in court. It is crucial to consult with an experienced California family law attorney to navigate the legal process and ensure that the child’s best interests are met.
Reason 2: Change in Custody
A change in custody arrangements can require a child support modification because the amount of time a child or children spend with each parent can affect the amount of child support required.
Typically, the non-custodial parent will be required to pay child support to the custodial parent. If the custodial parent changes, the non-custodial parent will now be the parent who is paying child support. This can lead to a change in the amount of child support required. The court will re-evaluate the child support order based on the new custody arrangements to ensure that the child’s needs are still being met.
Additionally, in the case where the non-custodial parent is awarded primary custody, the custodial parent may be required to pay less child support, as they will now be spending more time with the child and therefore contributing more financially to their care.
Reason 3: Change in the Child’s Needs
There are several reasons that a child support order may be modified due to things or events with a child. Some common reasons include the following:
Medical expenses: A child may develop a medical condition or require treatment that is not covered by insurance. The court may modify the child support order to cover additional medical expenses.
Educational expenses: As a child grows older, they may require additional resources for their education, such as private school tuition or college expenses. The court may modify the child support order to cover these expenses.
Extracurricular activities: Children may want to participate in extracurricular activities such as sports, music lessons, or other hobbies, which may require additional financial resources. The court may modify the child support order to cover these expenses.
Increased living expenses: As a child grows older, they may need more expensive clothing, food, and other necessities. The court may modify the child support order to reflect these increased expenses.
Child support arrears: If one parent falls behind on child support payments, a child support modification may be necessary to ensure that the child’s needs are still being met.
It’s important to note that child support modifications don’t just happen; you must file a motion with the court. Therefore, it is crucial to consult with an attorney experienced with child support modifications to navigate the legal process and ensure that the child’s best interests are met.
Navigating The Process Of Child Support Modification In California
Child support orders can be modified for various reasons in California. A change in income, custody arrangements and the child’s needs are common reasons why a child support modification may be necessary.
If you need to amend your California child support order, you must speak with an attorney who can guide you through the process. Bruce A. Mandel has decades of experience helping parents with child support modifications. Be sure to check out his Facebook page for more California family law matters.
